Michael Napier QC is interviewed by Modern Law Magazine on strategic thinking by law firms

INTERVIEWS

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INTERVIEWS

MIKE NAPIER CBE QC Emma Waddingham, Editor, Modern Law, stole some time with a father of New Law and friend of the magazine, Michael Napier CBE QC. Michael’s heritage in the shaping of modern law could be viewed as ‘strategic’. He reflects on the legal sector past and how things might not be so different when it comes to planning.

MLM: What does strategic thinking mean to you – and what did it mean to you as a leader in legal services at Irwin Mitchell, and also when helping to shape reform?

MN: As far as I can recall, at the time we are talking, strategic thinking, wasn’t a term or a concept that was in our vocabulary. In the days when I was building, with others, Irwin Mitchell and Pannone Napier, we ‘just got on with it’.

Like firms today, we were confronted then by challenging situations as long as you had curiosity, the courage, the fascination and the drive, you would produce a plan. Back then, sitting down with spreadsheets to plan and deliver strategy would have been too sophisticated. However, we developed a successful and growing brand in our way.

“Why don’t law firms appoint non-executive members to their board?

It’s not fear, rather a level of selfsatisfaction that everything is working well, without outside intervention.”

Looking back, a bystander might say ‘that was very strategic of you Mike’ but that’s not how I viewed it at the time. In more recent years, the advent of IT, strategy meetings, targets and budgets, demanding that people sit down and make plan, is the modern way. As a matter of language, I prefer to use the word ‘plan’ rather ‘strategy’ or even ‘tactics’. But it’s all a matter of personal preference, I suppose.

MLM: Did you see yourself as an innovative and creative thinker at the time?

MN: It was always in my psyche that I had a sense of urgency and desire for change. Equally important is the ability to work with other likeminded people.

I believe that one of the secrets of success is the vision to spot an opportunity, and move, before others do.

Today, I’m sure Irwin Mitchell’s strategic planning and thinking is highly sophisticated, but back in the days we’re talking about, we relied on natural thought progressing, moving from one challenge to the next and addressing opportunities as they arose.

Our overall sense of purpose was the need to change things for the better, for clients. After all, that is the purpose of being in the vocation of law. Especially within the areas of my practice, which laterally included the business law.

From my experience as a litigator, the necessity to plan is a very important ingredient in the litigation process. Civil Law, including Common Law, is constantly on the move and planning needs to take that into account. As the wellknown American consumer lawyer Ralph Nader, once said: “The law is not what the courts said yesterday, the law is what the courts will say tomorrow.” Which is a good message for young, aspiring litigators.

MLM: How did or do you measure strategic success?

“I believe that one of the secrets of success is the vision to spot an opportunity, and move, before others do.”

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MN: It’s not always measurable. Nowadays, law firms have much more sophisticated technology to analyse and set targets (financial outcomes).

You might aim to deliver project ‘x’ at a value of ‘y’, by a date of ‘z’. Whether you achieve that or not, can only be assessed down the line.

Looking back (before the advent of modern technology) using the best systems of the time, we seemed to get it right.

MLM: Has the focus of strategic thinking changed in legal services? Why do you think that is? Is any change due to the impact of the liberalisation of legal services or is it now more than that?

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INTERVIEWS

MN: What may be called creative or innovative is often born out of necessity but the Legal Service Act (LSA) in 2007 provided an opportunity to do things differently. However, that was over a decade ago. My recent witnessing of what’s going on in the legal market was at the Modern Law Awards 2019, when I was able to see the types of firms that are now making their mark.

My impression, particularly in the motor and PI area, that competition is fierce, in a market that has opened up new ideas and entrepreneurial skills in firms of all shapes and sizes.

At the smaller end of the legal market, there are nimble, start-up firms, founded by young entrepreneurs, looking to make their mark.

They have very good publicity skills although I sometimes wonder whether their experience matches the publicity. There is evidence of firms starting with exciting ideas and then quickly disappear. I think it is good for the legal services market for people to try, even if they fail - so long as clients and people are protected.

It was once very rare for a law firm to go out of business – it used to be a steady profession with jobs for life for all. However, the realisation that the law is a business as well as a profession, means that the management of law firms must be alert to the same rules as other businesses.

In my opinion, the most important change stemming from the LSA is that lawyers can now share their profits with non-lawyers – that has been a game-changer.

MLM: How important is it to look outside of the legal industry for strategic inspiration?

“Our overall sense of purpose was the need to change things for the better, for clients.”

MN: Law firms have been slow to being nonexecutive directors (NEDs) onto their boards.

NEDs, whether from inside or outside of the legal profession, can be an excellent way to bring a fresh pair of eyes on to the business plan and strategic thinking. It would be interesting to see a survey of how many law firms have taken NEDs onto their boards. I hope that this is a developing trend.

Senior lawyers that have moved into retirement can also inspire and take a non-executive role as they can have significantly helpful roles to play on the board of other firms. Experienced lawyers and non-lawyers can offer vast insight and value, as well as business acumen, to firms that don’t have that experience. For firms looking to take the next step forwards, this is something to consider.

“Back then, sitting down with spreadsheets to plan and deliver strategy would have been too sophisticated.

However, we developed a successful and growing brand in our way.”

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Why don’t law firms appoint non-executive members to their board? It’s not fear, rather a level of self-satisfaction that everything is working well, without outside intervention.

Firms need the courage to say, ‘maybe we can learn from others’ – as other commercial enterprises do. I hope the tide is turning.

Michael Napier CBE QC is a solicitor (non-practising) and a consultant to clients across the globe, including Harbour Litigation Funding Ltd. (where he also sits as Chairman Emeritus).

Editor: I highly recommend you visit michaelnapier.com to reflect on the significance of his achievements for the legal industry, in terms of practice, legislation and business.